1-1 By: Gray (Senate Sponsor - Zaffirini) H.B. No. 603
1-2 (In the Senate - Received from the House May 11, 1995;
1-3 May 12, 1995, read first time and referred to Committee on
1-4 Jurisprudence; May 23, 1995, reported favorably by the following
1-5 vote: Yeas 5, Nays 0; May 23, 1995, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the issuance of a qualified domestic relations order to
1-9 clarify or modify a final divorce order that provides for the
1-10 division of a pension or other retirement benefits.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. Subchapter D, Chapter 3, Family Code, is amended
1-13 by adding Section 3.711 to read as follows:
1-14 Sec. 3.711. CONTINUING JURISDICTION FOR QUALIFIED DOMESTIC
1-15 RELATIONS ORDERS. (a) Notwithstanding another provision of this
1-16 chapter, if a court in rendering a final decree of divorce or
1-17 annulment or another final order dividing property under this
1-18 chapter did not provide a qualified domestic relations order or
1-19 similar order permitting payment of benefits to an alternate payee
1-20 or other lawful payee, a party may petition the court to render a
1-21 qualified domestic relations order or similar order. Unless
1-22 prohibited by federal law, an action seeking a qualified domestic
1-23 relations order or similar order under this section applies to any
1-24 previously divided pension, retirement plan, or other employee
1-25 benefit divisible under the law of this state or the United States,
1-26 whether the plan or benefit is private, state, or federal.
1-27 (b) An action seeking a qualified domestic relations order
1-28 or similar order under Subsection (a) must be filed with the court
1-29 that rendered the final order for a division of property.
1-30 Notwithstanding another provision of this chapter, the court that
1-31 rendered the final order has continuing, exclusive jurisdiction
1-32 over the parties and property for purposes of rendering a qualified
1-33 domestic relations order or similar order as if the court were
1-34 required to presently divide the plan or benefit in a manner
1-35 substantially similar to the original division.
1-36 (c) Notwithstanding another provision of this chapter, a
1-37 court of this state that rendered a domestic relations order that a
1-38 plan administrator or other person acting in an equivalent capacity
1-39 determines does not satisfy the requirements of a qualified
1-40 domestic relations order or similar order, retains continuing,
1-41 exclusive jurisdiction over the parties and property to the extent
1-42 necessary to render an amended or corrected domestic relations
1-43 order that satisfies the requirements of a qualified domestic
1-44 relations order for payment of benefits to the alternate payee or
1-45 other lawful payee.
1-46 (d) A petition under this section, except as otherwise
1-47 provided by this code, is governed by the Texas Rules of Civil
1-48 Procedure that apply to the filing of an original lawsuit. Each
1-49 party whose rights may be affected by the petition is entitled to
1-50 receive notice by citation and shall be commanded to appear by
1-51 filing a written answer. Following service of citation, the
1-52 proceedings shall be conducted in the same manner as civil cases
1-53 generally.
1-54 (e) The court shall liberally construe this section to
1-55 effectuate payment of retirement benefits that were divided by a
1-56 previous decree that failed to contain a qualified domestic
1-57 relations order or similar order or that contained an order that
1-58 failed to meet the requirements of a qualified domestic relations
1-59 order or similar order.
1-60 SECTION 2. This Act takes effect September 1, 1995, and
1-61 applies to an order, judgment, or decree without regard to whether
1-62 the order, judgment, or decree was rendered before, on, or after
1-63 the Act's effective date.
1-64 SECTION 3. The importance of this legislation and the
1-65 crowded condition of the calendars in both houses create an
1-66 emergency and an imperative public necessity that the
1-67 constitutional rule requiring bills to be read on three several
1-68 days in each house be suspended, and this rule is hereby suspended.
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